Article 9.1

Mr. Okwir appealed. UNAT found that the UNDT correctly held that the OiC/OIOS had the authority to take the decision not to investigate Mr. Okwir’s allegations. As Section 4.3 of ST/SGB/2019/2 provides that all subdelegations issued by the predecessor shall remain valid unless otherwise withdrawn or modified by the successor, the UNDT concluded that the mere fact that the new USG/OIOS began her term did not make subdelegations by the predecessor invalid. UNAT concluded that on 25 October 2019, both the ASG/OIOS and the newly appointed USG/OIOS were competent to make the decision. The new USG...

UNAT rejected the Secretary-General’s interlocutory appeal against the UNDT order as not receivable, finding that UNDT had discretionary authority in case management and the production of evidence in the interest of justice. UNAT held that UNDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. UNAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

UNAT held that the UNDT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. UNAT stated the principle that UNDT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes UNDT’s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request UNDT to verify the confidentiality of the document in...

UNAT considered an appeal by the Secretary-General. UNAT found merit in the Secretary-General’s submission that UNDT was not competent to determine or assume that the injury was service-related; to assume that there was a likelihood of the Advisory Board on Compensation Claims (ABCC) would have reached a different conclusion had it followed the correct procedure; that the ABCC made its recommendations based on uncertain facts and inference which were derived, improbably, from the absence of evidence; that after the second accident, the staff member was permanently disabled and unable to work...

UNAT considered the appeal and found that the manner in which UNDT went about investigating the disputed facts, in this case, was insufficient. UNAT held that because there had not been adequate fact-finding, there was insufficient evidence before it to decide the appeal. UNAT accordingly held that the need for more evidence, and a factual determination based upon it, required the matter to be remanded to UNDT for fresh consideration, pursuant to Article 2(3) of the UNAT Statute. UNAT upheld the appeal, vacated UNDT’s judgment, and remanded the matter to UNDT.

UNAT considered an appeal by the Secretary-General. On the issue of receivability, contrary to Mr Lemonnier’s contention that the Secretary-General’s appeal is not receivable because the impugned judgment did not award him any damages and was mere “a moral victory”, UNAT held that success before UNDT depends on whether the staff member’s application is granted, in whole or in part, not on the remedy afforded to the staff member, and that the staff member may prevail or succeed on his claim(s) without receiving an award of damages. According to UNAT, as the unsuccessful party before UNDT, the...

The Applicant requested the Tribunal to find that he suffered a prejudice equivalent to a 60% permanent loss of ENT functions and a 10% permanent loss of respiratory functions and to compensate him accordingly. He further requested the Tribunal to award him two years’ net base salary as compensation for the prejudice suffered as a result of the Organization’s failure to ensure the security and safety of its staff in Bagdad. The Tribunal found that the latter request was not receivable as it did not stem from a refusal decision by the Secretary-General, a decision which, in any event, should...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant’s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant’s contract, constitutes a separation...